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Bombay High CourtAPPLN/5832/2015application allowed

Shivaji S/O Ratnakar Gajre v. Pooja @ Priti W/O Shivaji Gajare

2016-04-04Hon'Ble Shri Justice Nitin W. Sambre2 pages

criap5832.15 (1)

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CRIMINAL APPLICATION NO.5832 OF 2015 IN CRIMINAL APPLICATION NO.3839 OF 2015 IN CRIMINAL REVISION NO.93 OF 2015 Shivaji s/o Ratnakar Gajre ..APPLICANT

VERSUS

Pooja @ Priti w/o Shivaji Gajare ..RESPONDENT Mr P.G. Patil, Advocate holding for Mr Shashikant S. Londhe, Advocate for applicant CORAM : N.W. SAMBRE, J.

DATE : 4th April, 2016 ORAL ORDER :

Heard.

2.

By the present application, the applicant seeks restoration of Criminal Revision No.93 of 2015, which has been dismissed for nonremoval of office objections. 3.

It appears from the record that this Court, by an order dated 13 th July, 2015 had dismissed the revision for non-removal of office objections. However, by conditional order dated 2nd September, 2015, passed in Criminal Application No.3839 of 2015, on an undertaking given by the learned Counsel appearing on behalf of the applicant to remove office objections within four weeks, the revision was restored.

criap5832.15 (2) 4.

However, for failure of the applicant to remove office objections within the stipulated period, again the revision has been dismissed, in view of the conditional order dated 2nd September, 2015. 5.

Learned Counsel appearing on behalf of the applicant undertakes to remove office objections within two weeks from today. 6.

Having regard to the above background and in view of undertaking given by the learned Counsel appearing on behalf of the applicant, in my opinion, it will be appropriate in the interest of justice to allow the application, subject to payment of costs of Rs.2,000/-. 7.

Accordingly, application stands allowed.

The order dated 2nd September, 2015 is recalled and Criminal Revision Application No.93 of 2015 stands restored to the file, subject to payment of costs of Rs.2,000/-.

It is made clear that payment of costs and undertaking for removal of office objections within two weeks from today, shall be condition precedent for restoration of the revision.

(N.W. SAMBRE, J.) amj